U.N. Commission on Human Rights, Report of the Special
Rapporteur on torture and cruel, inhuman or degrading treatment
or punishment, U.N. Doc. E/CN.4/1994/31 (1994)(Nigel Rodley, Special
Rapporteur).

United Kingdom of Great Britain and Northern Ireland

Information received from the Government on cases included
in previous reports

650. By letter dated 18 October 1991 the Special Rapporteur
advised the Government that he had received information alleging
that Damien Austin, aged 17, had been subjected to ill-treatment
at the Castlereagh detention centre in Belfast in May and August
1991.

651. On 10 February 1993 the Government replied that the complaints
from Mr. Austin related to his detention from 7 to 10 May 1991
and from 17 to 20 August 1991. Following his release, on both
occasions, he had made formal complaints about his treatment at
the holding centre. The complaint in May was classified as incapable
of investigation by the Independent Commission of Police Complaints
(ICPC) under regulation 17 of the Royal Ulster Constabulary (RUC)
Complaints Regulations 1988 because of the non-cooperation of
Mr. Austin. When he was arrested in August he had already sustained
some injuries, including a wound to his ear which had been treated
and stitched. However, during his detention in Castlereagh it
was alleged that he had been further injured, and his solicitor
went to court for a writ of habeas corpus. Before the case was
heard Austin was released. The complaint had been investigated
by RUC, under the supervision of ICPC and a report had been forwarded
to the Director of Public Prosecutions (Northern Ireland). DPP
(NI) had issued an interim direction on 16 November 1992 stating
that the consideration of the complaint would have to await the
outcome of civil proceedings lodged by Mr. Austin. It would not
be appropriate, therefore, to comment further until all civil,
criminal or disciplinary proceedings had been completed.

652. With respect to the safeguards against ill-treatment of
persons detained in custody for questioning, the Government informed
the Special Rapporteur that in the case of non-terrorist suspects
the Police and Criminal Evidence (Northern Ireland) Act 1989 introduced
safeguards affecting police power, the rights of persons in police
detention, police discipline and complaints against the police.
It also introduced codes of practice in connection with powers
of search and seizure of property, detention, treatment, questioning
and identification. This legislation constituted a major package
of reforming legislation.

653. All interviews with terrorist suspects under arrest were
also subject to a range of statutory safeguards. Suspects under
arrest were given the right to have someone informed of their
arrest, to be informed of the grounds for their arrest and to
consult a solicitor. The continued detention of a suspect had
to be reviewed periodically by a review officer unconnected with
the case. All interviews with terrorist suspects were monitored
by uniformed officers (who had no other dealing with the case)
with the aid of close-circuit television. In addition, the Government
had announced that it would appoint an independent commissioner
to oversee the holding centres.

654. The procedure for investigation of complaints was governed
by the Police (Northern Ireland) Order 1987. Complaints of ill-treatment
were investigated by RUC. The investigation might be directly
supervised by the Independent Commission for Police Complaints,
if it so chose.

655. Once the investigation had been completed, a full report,
together with the views of the Deputy Chief Constable of RUC on
the incident, was submitted to the Independent Commission for
Police Complaints. Depending on the outcome of the investigation,
the case might then be referred to the Director of Public Prosecutions
for Northern Ireland, who was entirely independent of both police
and government. Disciplinary charges might be brought against
the police officer or officers concerned if this was thought necessary
by the police or the Independent Commission for Police Complaints.